Neutral Citation No. - 2025:AHC:21567 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2912 of 2025 Applicant :- Vijay Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Dev Prakash Sharma,Priyanka Devi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Ms. Priyanka Devi, learned counsel for the applicant and Sri S.B. Singh, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.184 of 2024, under Section 105 B.N.S., Police Station-Khanna, District- Mahoba, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 18.12.2024 against unknown persons and according to the FIR on 17.12.2024 in the night after 11.00 PM some unknown persons caused injury to the maternal uncle of the informant and when he was taking to hospital he died on the way. 4. Learned counsel for the applicant submits nobody was named in the FIR but during investigation when second statement of the informant was recorded then he stated that now he came to know that applicant along with two others caused injury to his uncle due to which he died. 5. She further submits, admittedly informant is not an eye witness. 6. She further submits, there is no eye witness account and it appears merely on the basis of suspicion and old motive applicant has been made accused in the present matter. 7. She further submits, applicant is not having any criminal history and in the present matter, he is in jail since 28.12.2024.. 8. Per contra, learned AGA opposed the prayer for bail could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. From the record it reflects nobody was named in the FIR and during investigation through the second statement of the informant applicant has been made accused in the present matter along with co-accused but even from perusal of the statement of the informant it could not be reflected either he or anyone could witness the real incident and it appears except the suspicion and motive there is no other cogent evidence against the applicant on record. 11. Further, applicant is not having any criminal history and in the present matter, he is in jail since 28.12.2024. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant- Vijay Sharma, be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti- social activity. 15. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 16. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 14.2.2025/Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad